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Gitin 38

GITIN 38 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of love for Torah and those who study it.


(a) The Pasuk in Behar "ve'Gam mi'B'nei ha'Toshavim ha'Garim Imachem Meihem Tiknu", which teaches us that a Jew can acquire a Nochri, is actually redundant.
What does Resh Lakish extrapolate from it?

(b) Having just stated that one Nochri cannot acquire another, how can the Beraisa continue 'Yachol Lo Yiknu Zeh es Zeh', insinuating that he can?

(c) From where do we learn that a Nochri can acquire another Nochri for the work of his hands?

(d) What difference does it make Halachically whether a Nochri acquires a slave for the work of his hands or whether he acquires him completely?

(a) What is the source for one Nochri acquiring another Nochri with money?

(b) We ask for the source for one Nochri acquiring another Nochri with Chazakah.
What makes us assume that he can?

(c) What source does Rav Papa cite for this?

(d) Then what do we learn from the Pasuk "va'Yishb Mimenu Shevi" (from the fact that the Navi refers to a Jewish girl as 'a captive')?

(a) How does one acquire a slave with Chazakah?

(b) If a Jew can acquire a slave with Chazakah, because slaves are compared to Karka, then why do we need a special Pasuk to teach us that one Nochri can acquire another Nochri with Chazakah? Why can we not learn that from Karka, too?

(a) What does Rav Sh'man bar Aba Amar Rebbi Yochanan say about a slave who escaped from a Nochri jail?

(b) What if his master refuses to write him a Get Shichrur?

(c) This ruling appears to clash with Raban Shimon ben Gamliel in our Mishnah, who says 'Bein-Kach, u'Vein-Kach Yishta'bed'.
Why do we not establish Rebbi Sh'man bar Aba Amar Rebbi Yochanan like the Tana Kama, who says 'Im le'Shum ben Chorin, Lo Yishta'bed'?

(d) According to Abaye, who establishes our Mishnah before Yi'ush, it is obvious that Rav Shman bar Aba speaks after Yi'aush, and there is no problem.
How does Rava, who establishes our Mishnah after Yi'ush, reconcile Rav Shman bar Aba with our Mishnah by making a distinction between our Mishnah, where the slave was redeemed, and Rav Shman bar Aba's case, where he escaped.

(a) What did Shmuel do when others redeemed his captured slave-girl and returned her to him?

(b) Did her redeemers hold like Raban Shimon ben Gamliel or like the Rabbanan?

(c) What did they mean when they objected to Shmuel subsequently setting her free, on the grounds that, even if he held like the Rabbanan, he should not have set her free? Why not?

(d) Shmuel replied that although they thought that he had not despaired of retrieving her, the truth of the atter was that he had.
Why did he not even deign to give her a Get Shichrur? What does he learn from the Pasuk in Bo (concerning the Korban Pesach) "ve'Chol *Eved Ish* Miknas Kesef ... "?

(a) After a Nochri from Tarmud redeemed Rav Aba bar Zutra's captured Shifchah and married her, what message did the Chachamim send him?

(b) Why do we initially assume this to be pointless?

(c) Then what motivated the Chachamim to send him such instructions, according to the first Lashon? Why was the Get Shichrur a necessary catalyst?

(d) According to the second Lashon, the Tarmudian would not willingly have freed his 'wife', and they hoped that the Get Shichrur would do the trick, by making her cheap in his eyes.
How does this tie up with what Chazal have said that 'they (Nochrim) prefer the animal of a Jew to their own wives'?

(a) Why did Abaye want to force the master of a Shifchah in Pumbedisa to give her a Get Shichrur?

(b) Then why didn't he?

(c) On what grounds did Ravina disagree with Abaye (in spite of the Asei)?

(d) How will Abaye reconcile his ruling with Rav Chanina bar Ketina Amar Rebbi Yitzchak who related the story of a Shifchah who was half-slave and half free, and they forced her master to set her free for the very same reason?

Answers to questions



(a) In light of Rav Yehudah Amar Shmuel, who forbids setting an Eved free, due to an Asei, how do we account for Rebbi Eliezer setting free his slave in order to make up a Minyan?

(b) What is the source of the Asei?

(a) According to Rebbi Yishmael in a Beraisa, "Le'olam Bahem Ta'avodu" constitutes Reshus.
What is the Pasuk then coming to teach us? About whom is the Pasuk talking?

(b) What does Rebbi Akiva say?

(c) Why did we then need to explain that Rebbi Eliezer set his Eved free because it is a big Mitzvah? Perhaps it was because he concurred with the opinion of Rebbi Yishmael?

(a) Setting free their Avadim is one of the three causes that Rabah cites for Ba'alei-Batim becoming poor. The other two are both connected to Shabbos.
What are they?

(b) According to Rebbi Chiya bar Aba Amar Rebbi Yochanan, two families in Yerushalayim were wiped out for similar reasons; one of them, for eating their Shabbos-meal at the time of the D'rashah.
Why was the other one destroyed, assuming that they ate it ...

  1. ... on Friday night?
  2. ... on Friday?
(a) According to Rabah Amar Rav, if someone declares his Eved Kadosh, the Eved goes free.
How do we know that he did not mean to declare him ...
  1. ... Hekdesh?
  2. ... Kodosh for his value?
(b) According to Rav Yosef Amar Rav, if someone declares his Eved Hefker, the Eved goes free. What will ...
  1. ... Rabah Amar Rav say in a case of someone who declares his Eved Hefker?
  2. ... Rav Yosef Amar Rav say in the case of someone who declares his Eved Hekdesh?
(a) We ask whether in the previous cases, the Eved requires a Get Shichrur or not.
How did Rebbi Chiya bar Avin quote Rav ...
  1. ... to resolve this She'eilah?
  2. ... with regard to the above Machlokes, like Rabah or like Rav Yosef?
(b) What does the Tana Kama of the Beraisa say about an Eved whose master declared him Hekdesh and who wishes to redeem himself? Where would the money to redeem him come from?

(c) What does Rebbi say about this?

(d) But did Rav not just say that in such a case, the Eved goes free and does not become Hekdesh in the first place?

(a) How does the Beraisa establish the Pasuk in Bechukosai "Ach Kol Cherem ... me'Adam"? What sort of person can one be Makdish to Bedek ha'Bayis?

(b) How will Rav explain this Beraisa?

(c) We could not establish the previous Beraisa in the same way for a number of reasons. Firstly, if there was no more than Kedushas Damim, then the Tana should not have written 'Ein ha'Gizbarin Rasha'in ... ', which implies that he is Kodosh Kedushas ha'Guf, but that they are not permitted to set him free in this way. What would the problem with ...

  1. ... the Tana Kama's next statement 'Aval Mochrin Oso la'Acheirim, va'Acheirim Motzi'in Oso le'Cheirus'?
  2. ... Rebbi, who says 'Omer Ani Af Hu Nosen Damav ... *Mipnei she'Hu ke'Mochro Lo*'?
(d) Why do we not establish the Beraisa when he said 'Harei Hu Kadosh li'Demei'?
Answers to questions

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